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Anil (salesman)     19 July 2015

Mutual divorce after 4 yrs contest

What will be the procedure to take mutual divorce after 4 yrs contest please give me full detail. Thanking you


 3 Replies

Satya Narayan Mohanty   19 July 2015

Hello Anil, I am a LL.B student. You will be entitled to get a divorce on mutual consent according to the personal law you are subjected to. According to section 13B of Hindu Marriage Act, 1955 - a petiotion for dissolution of marriage may be presented to the district magistrate by both the parties together. The essential ground required to pass a decree of divorce on the ground of mutual consent is - both the parties (you and your wife) have been separately for 1 year or more. The parties have not been able to live together and have mutually agreed that the marriage should be dissolved. After the petition is filed, if the same has not been withdrawn till six months, upon the court being satisfied of the grounds of the divorce, the court will grant a decree of divorce.

For the purpose of the requirement of "have been living separately for more than 1 year" - it is not required to show the parties have been living in separate houses. All that is required to show is they have not been performing the conjugal duties (marrital intercourse, accompanying each other etc). Parties may be staying the same house but not staying as a husband and wife is enough to meet the 1 year living separately ground.

You have the same remedy in other personal law too.

This is what I can suggest from my academic understanding. My humble request to experts to correct the flaw if any.

saravanan s (legal advisor)     19 July 2015

What will be the procedure to take mutual divorce after 4 yrs contest please give me full detail

please elaborate after 4 yrs contest

anand (legal advisor)     19 July 2015

Consult a local lawyer for any further assistance, the above information is apt to understand the issue and reply to your query........ U need to file a joint petition before family court n then wait for six months which is mandatory and then in the second motion court will confirm it's order and you may get the divorce.

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